The FCC has struggled with attempts to safeguard net neutrality, with courts twice striking down FCC enforcement against household internet providers such as Verizon.

The commission will not appeal the U.S. Court of Appeals rejection last month of a previous version of the rules, struck down in part because of the way the FCC classified broadband providers.

That ruling, though, acknowledged the agency does have some authority to regulate broadband company practices.

In a statement, FCC chairman Tom Wheeler said that the commission would establish “rules that will meet the court’s test for preventing improper blocking of and discrimination among Internet traffic.”

As the Wall Street Journal points out, this means that the FCC is continuing to resist urging from the left to reclassify broadband as a public utility, which would subject it to the same high degree of regulation as companies that provide services such as gas and electricity.

According to the Journal, the commission expects to complete the rules in the late spring or early summer.